Partner Visa (Subclass 820 and 801)
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Partner Visa (Subclass 820 and 801)
Secure your future in Australia with the Spousal and De Facto Partner Visas (subclasses 820 and 801). These visas are designed for individuals who are married to or in a de facto relationship with an Australian citizen, a permanent resident of Australia, or an eligible citizen of New Zealand.
Initiate your journey with the provisional partner visa (subclass 820), which empowers you to reside in Australia for a duration of two years. Within this time frame, you have the opportunity to seek the permanent partner visa (subclass 801), paving the way for an indefinite future in Australia with your partner
Advantages of Securing a Partner Visa
Embrace the opportunity to reside in Australia with the Subclass 820 Temporary Partner Visa, offering beneficiaries the chance to:
- Reside within Australia's borders for a duration of two years
- Pursue education in Australia, with the understanding that government subsidies are not available
- Access Medicare, the Australian system designed for comprehensive health-related support and expenses
The Subclass 801 Permanent Partner Visa opens the door to additional privileges, allowing beneficiaries to:
- Establish a permanent home in Australia and seek employment without restrictions
- Enjoy the benefits of Medicare, ensuring health care needs are met
- Seek Australian citizenship, contingent upon meeting the established prerequisites
- Sponsor certain relatives for permanent residency, consolidating family ties
- Travel out of and return to Australia for a span of five years from the date the visa is issued
Criteria for Eligibility For the Subclass 820 Visa:
- Applicants must have reached the age of 18 at the time of visa application submission
- Presence in Australia is mandatory both at the time of application and when the visa is approved
- A sponsor must be in place, which can be a spouse or a de facto partner
- All applicants are required to satisfy specific health and character stipulations
- Any outstanding debts to the Australian government must be settled or arrangements must be in place to do so
Note: In situations where the spouse or de facto partner is a minor, sponsorship can be undertaken by their parent or guardian, who must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
Criteria for Eligibility For the Subclass 801 Visa:
- Possession of the Subclass 820 Temporary Partner Visa is a prerequisite
- An ongoing relationship with a spouse or de facto partner is essential unless exceptional circumstances warrant otherwise
- No previous visa cancellations or refusals should have occurred while on the Subclass 820 visa within Australia
Limitations on Sponsorship
- Applications for sponsorship on a partner visa will be deferred by the immigration department if:
- The sponsor has been a recipient of a partner visa or a prospective marriage visa (subclass 300) in the preceding five years
- The sponsor has previously sponsored two individuals on a partner visa or prospective marriage visa
- The sponsor has filed for sponsorship on a partner or prospective marriage visa within the last five-year period
- Nonetheless, certain exceptions are recognized:
- If the previous partner has passed away or has left the relationship, leaving minor children.
- If the sponsor has cohabitated with their current partner for a span exceeding two years
- If there are dependent children involved either with the sponsor or the sponsor's partner
Sponsor's Responsibilities
It is incumbent upon the sponsor to ensure their partner is provided with:
- Suitable accommodation
- Financial support for daily living expenses and English language courses, if needed
- Additional support such as childcare, when necessary
Inclusion of Family Members in the Visa Application
Dependent children or stepchildren may be incorporated into your visa application. These dependents will be granted the same rights and subject to the same visa conditions as the primary applicant
Health and Character Provisions
- All applicants, including dependent family members, must:
Should you desire to bridge the distance with your partner through this visa and require a precise evaluation tailored to your unique situation, connect with our team of seasoned immigration consultants. We’re here to provide you with optimal solutions promptly!
DISCLAIMER: This information is provided for general understanding only and does not constitute legal advice. Always refer to the latest information directly from the Department of Home Affairs at Department of Home Affairs Website
FAQ
If you are applying this visa under the post-study work stream, a skill assessment is not needed.
Only if you are applying under the Graduate stream, you must provide an evidence of having your skills assessed by the relevant authority.
While the checklist varies depending on different cases, some of the common documents required are:
- Current passports or travel documents
- Copy of birth certificate showing parents of both primary applicant and the spouse
- Evidence of name change
- Certified copies of marriage certificates
- If you are in de facto relationship, evidence showing a relationship for at least 12 months is required
- If the spouse is widowed, divorced or separated permanently, a certified copy of death certificate, divorce or separation documents are required.
- Health & Character documents
Visa Subclass
- Skilled Independent (subclass 189)
- Skilled - Nominated (subclass 190)
- Skilled - Nominated or Sponsored (Provisional) (subclass 489)
- Skilled-Regional (Residence) Visa (Subclass 887)
- Skilled Recognised Graduate Visa (Subclass 476)
- Skilled Work Regional (Provisional) Visa (Subclass 491)